Terms of service – Pedal Commander
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Terms of service

VITALEN AUTO PERFORMANCE INC. DBA Pedal Commander: Terms of Service

PRICING:

All prices are subject to change without prior notice. Please call for current prices and availability of products. We reserve the right to discontinue products as necessary because of quality, availability, price or other reasons. All pricing is in USD for the USA market only.

RETURNS:

All returns must be made within 30 days of delivery. A valid Return Merchandise Authorization (RMA) number must be first obtained by calling VAP INC. at (805) 365-1010. A 10% handling and restocking fee will be assessed for each item returned unless you have made other arrangements with VITALEN AUTO PERFORMANCE INC. All return shipping charges must be prepaid by the buyer. There are no refunds on shipping. All returned items must be in a new, resalable condition.

CLAIMS:

All merchandise is in good condition when it leaves our shipping department. If a part is lost (box was broken open) or damaged via transit, you should immediately notify VITALEN AUTO PERFORMANCE INC. and the carrier (UPS, FedEx, etc…). ALL shipped merchandise is insured for full value and the carrier is responsible for proper delivery. DO NOT return the damaged part(s) to VITALEN AUTO PERFORMANCE INC. without prior notification.

LEGALITY:

We make no claims as to emission performance for street or highway use. Some equipment is not sold for street use in any state or country where state or federal regulations prohibit its use. Some items listed in the online catalog are intended for off-road use only. VITALEN AUTO PERFORMANCE INC. does not make any claims of street-legal use of products that are not intended for use on public roads. We are not affiliated with Volkswagen Audi Group, Porsche AG, or any of their subsidiaries. All original artwork is the sole property of VITALEN AUTO PERFORMANCE INC.’s webmaster. VITALEN AUTO PERFORMANCE INC. is not responsible for errors on our website. Unauthorized duplication or transmission, electronic or otherwise, is strictly prohibited. VITALEN AUTO PERFORMANCE INC. does not encourage street racing and/or illegal racing on public roads. We encourage you to take lessons from your local racing schools and/or performance driving schools to better your knowledge of the use of your automobile and it’s handling capabilities if you do decide to race. Always remember to be careful while on the road and be courteous to other drivers. Last but not least…ALWAYS WEAR YOUR SAFETY BELT!

WARRANTY:

All items on this site (www.pedalcommander.com) are warranted to be free from defects in the materials and workmanship prior to installation. Warranty is only applicable to the original owner. This warranty does not cover labor, misuse, and faulty installation, failure of related parts or parts purchased from parties other than VITALEN AUTO PERFORMANCE INC. Please call for specific warranty information on each product. Each manufacturer may supply different timeframes for their products. VITALEN AUTO PERFORMANCE INC. does not support warranty claims on gray market sales.

BACKORDER:

We try to keep backorders to a minimum. If this is a time-sensitive purchase, please call us for approximate shipping dates. Some items may be drop-shipped from the manufacturer.

PAYMENT AND SHIPPING:

All ordered items must be prepaid before they are shipped. Payment can be made by VISA, MasterCard, American Express, and Discover. We also accept payment methods by Certified Cashier’s Check or Money Order in US dollars only. For Cashier’s Check or Money Order, please contact VITALEN AUTO PERFORMANCE INC. to receive an exact payment amount for parts and shipping. Pre-payment will include charges for parts and freight.

Purchases exceeding $1000 require a copy of a valid ID and a matching form of payment to complete the sales transaction.

OTHER SHIPPING INFORMATION:

USPS/UPS policy states that all packages require a signature in order for the package to be released. It is up to your individual USPS/UPS driver’s discretion if they feel comfortable leaving the package. All shipments with a value over $500 USD require a signature. Some shipments are drop-shipped and may take up to 5 business days to arrive. All orders except ECU upgrades will be sent via UPS Ground Service (domestic) unless otherwise specified. All ECU orders are shipped via UPS Next Business Day service (domestic) unless otherwise specified. All orders placed online or by phone with VAP will incur a $5 handling fee. No orders will be shipped to P.O. Boxes. Orders are normally processed within two business days from receipt of order. If carrier-attempts to deliver the merchandise are unsuccessful after three times, the order will be returned to VITALEN AUTO PERFORMANCE INC. and will only be reshipped at the buyer’s expense. All merchandise will be shipped FOB origin Newbury Park, California, the USA unless drop-shipped.

PRIVACY STATEMENT:

VITALEN AUTO PERFORMANCE INC. does not sell, rent, trade, or loan our customer’s names, VIN numbers, email addresses, or any type of personal information we collect. You may receive information from us that details new products, tracking numbers for shipping, or new features on our websites.

VITALEN AUTO PERFORMANCE INC.’S WEBSITE TERMS OF USE/SERVICE

PLEASE READ THESE WEBSITE TERMS OF USE/SERVICE CAREFULLY BEFORE USING PEDAL COMMANDER’S WEBSITE (HEREINAFTER, THE “WEBSITE”). THESE WEBSITE TERMS OF USE/SERVICE (HEREINAFTER, THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (HEREINAFTER, “YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. Copyrights and Trademarks

Any and all intellectual property rights (hereinafter, the “Intellectual Property”) associated with the Website and its contents (hereinafter, the “Content”) are the sole property of VITALEN AUTO PERFORMANCE INC., its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All images, text, illustrations, designs, graphics, icons, photographs, programs, video clips, and other items that appear on the Website are trademarks, service marks, or trade dress (hereinafter, the “Marks”) of VITALEN AUTO PERFORMANCE INC., its affiliates or other entities that have granted VITALEN AUTO PERFORMANCE INC. the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of VITALEN AUTO PERFORMANCE INC.. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without VITALEN AUTO PERFORMANCE INC.’s or the appropriate third party’s prior written permission. Except as expressly provided herein, VITALEN AUTO PERFORMANCE INC. does not grant to you any express or implied rights to VAP’s or any third party’s Intellectual Property.

VITALEN AUTO PERFORMANCE INC. and its suppliers and licensors expressly reserve all intellectual property rights in all images, text, illustrations, designs, graphics, icons, photographs, programs, video clips, and other items that appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of VITALEN AUTO PERFORMANCE INC.’s or any third party’s intellectual property rights.

VITALEN AUTO PERFORMANCE INC.’s names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of VITALEN AUTO PERFORMANCE INC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo, or mark in any manner.

References on the Website to any names, marks, products, or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply VITALEN AUTO PERFORMANCE INC.’s endorsement, sponsorship, or recommendation of the third party, information, product, or service. VITALEN AUTO PERFORMANCE INC. is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third-party websites, you do so entirely at your own risk.

2. Disclaimer of Warranties

VITALEN AUTO PERFORMANCE INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE, OR THE CONTENT. VITALEN AUTO PERFORMANCE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. VITALEN AUTO PERFORMANCE INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. VITALEN AUTO PERFORMANCE INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

3. Limitation of Liability

IN NO EVENT WILL VITALEN AUTO PERFORMANCE INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF VITALEN AUTO PERFORMANCE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, VITALEN AUTO PERFORMANCE INC.’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

4. Governing Law

THESE TERMS OF USE AND ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE GOVERNED BY, CONSTRUED, AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES OF CALIFORNIA OR ANY OTHER JURISDICTION, AND ALL CLAIMS RELATING TO OR ARISING OUT OF THESE TERMS OF USE, OR THE BREACH THEREOF, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, SHALL LIKEWISE BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, EXCLUDING CALIFORNIA’S CONFLICTS OF LAWS PRINCIPLES.

5. Forum Selection

You irrevocably consent to the personal jurisdiction of any state or federal court located within Ventura County, California, United States, and you waive any claim or defense that is based on inconvenient forum or improper venue in any suit or other proceedings that is brought in any state or federal court located within Ventura County, California, United States.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Vitalen Auto Performance Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://pedalcommander.com/policies/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

  1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 
  2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Pedal Commander and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of throttle response controllers. Messages may include checkout reminders. 
  4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
  8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
  10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

  1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Camarillo, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Vitalen Auto Performances principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

  1. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.